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Citation
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Judgment date
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| October 1995 |
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The Commission found grave and massive violations of the African Charter due to systemic human rights abuses by the respondent state.
Human rights – grave and massive violations – torture, arbitrary detention, extrajudicial executions, unfair trial, suppression of freedom of conscience, denial of health care and education – exhaustion of local remedies – uncontested communications – African Charter, Articles 4, 5, 6, 7, 8, 16, 17.
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31 October 1995 |
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State liability for serious and massive rights violations upheld despite civil war; non-derogation from African Charter obligations affirmed.
Human rights – state responsibility – civil conflict – non-derogation from Charter rights – Government failure to prevent or investigate violations – massive and serious breaches – African Charter articles 4, 5, 6, 7.
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11 October 1995 |
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Communication inadmissible for failure to exhaust domestic remedies under Article 56(5) of the African Charter.
Human rights — Freedom of association — Refusal to register a trade union — Arrests and executive statements — Admissibility — Exhaustion of local remedies required under Article 56(5) of the African Charter.
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11 October 1995 |
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Communication declared inadmissible because complainants failed to provide required address/contact details under Article 56.
Human rights — Admissibility — Requirement under Article 56 for complainants’ identity and contact details — Notifications and verification of exhaustion of domestic remedies — Communication declared inadmissible.
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7 October 1995 |
| March 1995 |
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Applicant failed to pursue alleged unlawful political detention; Commission closed the file after the detainee's release.
Alleged unlawful detention; political detention; Articles 6 and 7 African Charter; applicant non-cooperation; closure of file for lack of interest.
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22 March 1995 |
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Communication inadmissible for failure to exhaust local remedies; may be resubmitted if remedies are exhausted or proven ineffective.
Human rights — Access to justice — Enforcement of domestic judgment against State-owned entity — Diplomatic immunity and execution — Admissibility — Exhaustion of local remedies; exceptions for unavailability, ineffectiveness or undue delay.
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22 March 1995 |
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Complaint alleging politically motivated detention closed after complainant failed to respond to Commission inquiries.
Human rights complaints – detention – alleged politically motivated detention – procedural follow-up – closure for lack of contact by complainant.
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22 March 1995 |
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The Commission closed the wrongful-detention communication after receiving information the matter was amicably resolved under Article 50.
Human rights — Alleged wrongful detention — Receipt of State and independent information of amicable resolution — Closure of file under Article 50 of the African Charter.
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22 March 1995 |
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Prohibiting judicial appeals and using executive-dominated tribunals for capital offences violate African Charter fair trial rights.
Human rights – fair trial rights – right to appeal – right to be tried by an impartial tribunal – adequacy of remedies – special criminal tribunals – violation of Article 7 of the African Charter.
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22 March 1995 |
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A ban on judicial review and biased tribunal composition violated accuseds' rights to appeal, counsel, and impartial trial.
Criminal procedure – Special tribunals – Prohibition of judicial review and appeals – Right to counsel – Impartial tribunal – Adequacy of military confirmation remedy – Articles 4, 6, 7 African Charter.
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22 March 1995 |
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Commission closed communication alleging false imprisonment after withdrawal following detainee's release or death.
Human rights — Communications procedure — Allegation of false imprisonment — Withdrawal of communication after release or death of detainee — Case closed under Article 114 Rules of Procedure and Article 56 Charter.
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22 March 1995 |
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Alleged breaches predated respondent’s ratification; communication declared inadmissible for lack of temporal jurisdiction and incoherence.
Admissibility — temporal jurisdiction — alleged violations occurred before State ratification; inadmissibility for lack of continuing violation and for incoherent, vague, unsubstantiated claims.
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22 March 1995 |
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Commission closed a detention complaint as the victim was released and the issue resolved.
Human rights — Alleged continued detention after sentence completion — Communication by human-rights organization — File closed after victim’s release — Matter rendered moot.
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22 March 1995 |